MERCHANT means and refers to "YOU" the "Subscribing Party" and/or "User."

1. Changes to Subscriber Agreement. The following terms and conditions govern all access to and use of this Site. Through Merchant's access of this Site, MERCHANT accepts, without limitation or alteration, all of the terms and conditions, contained in these Legal Notices. We reserve the right and may change the terms of this Agreement at any time by notifying you of the change either electronically or in writing via USPS. The changes also will appear in this section of the website, which you can access at any time by selecting Subscriber Agreement within the registered content section. Your use of SellitSAFE.com after changes are made to this Agreement means that you agree to be bound by such changes.

2. Privacy. Registration data and information about Subscribing Merchant is subject to our Privacy Policy. If you are located outside of the United States, note that information that you provide to us is being sent to the United States. By subscribing to SellitSAFE.com you consent to your data being sent to the United States.

3. Subscriber Agreement, Fees, and Payments, This Subscriber Agreement governs your use SellitSAFE.com. If you agree to be bound by the terms of this Agreement, you will execute sign and execute a contract. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with the SellitSAFE.com registration process and become a subscriber to SellitSAFE.com.

For the use of fee based services Subscribing Merchant agrees to pay the membership fees, monthly access fees, and transaction fees, or any other charges incurred in connection with the SellitSAFE.com account (including any applicable taxes) at the rates in effect when the charges were incurred. Unless arrangements to pre-pay via check, we will bill all charges automatically to your credit card or bank account unless otherwise specified in a written, signed agreement between SellitSAFE.com and merchant. All fees will be billed at the beginning of your membership, beginning of the renewal period, beginning of the month. Annual contracts are billed on a monthly basis on the fifth of each month. Per transaction service fees will be billed at the point of service delivery. All fees and charges are only refundable within the first 30 days of purchase or renewal. Fees and charges not cancelled by the subscriber within 30 days are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving merchant notice in advance. If merchant believes that an unrelated third party has accessed SellitSAFE.com using merchant's user name and password without merchant's authorization, merchant must email notification to membership@SellitSAFE.com immediately. Merchant is responsible for any fees or charges incurred to access SellitSAFE.com through an Internet access provider or other third party service.

4. Renewal. Your membership will renew automatically, for the same term and rate, unless we terminate it or you notify SELL IT SAFE, INC. via email, telephone, or United States mail of your decision to terminate your membership. You must cancel your membership before it renews in order to avoid billing of Membership Fees for the renewal term to your paypal account. Upon annual renewal merchant agrees to pay early termination fee as set forth in first year service agreement.

5. Limitations on Use.

• Only one merchant may access SellitSAFE.com at the same time using the same MERCHANT name or password, unless we agree otherwise.
• The content available through SellitSAFE.com is the property of SELL IT SAFE, INC. or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through SellitSAFE.com for your personal, non-commercial use only. You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through SellitSAFE.com to anyone.
• You agree not to post any content from SellitSAFE.com to newsgroups, mail lists or electronic bulletin boards, without the express written consent of SELL IT SAFE, INC.
• You agree not to use SellitSAFE.com for any unlawful purpose. We reserve the right to terminate or restrict your access to SellitSAFE.com if, in our opinion, your use of SellitSAFE.com may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

6. Discussions, Third Party Web Sites, Services and Software. We may link to, or promote web sites or services from other companies on SellitSAFE.com .com or offer you the ability to download software from other companies. You agree that SELL IT SAFE, INC. and SellitSAFE.com is not responsible for, and does not control, those web sites, services and software.

7. Subscriber disclaimer. Whenever possible, SellitSAFE.com will notify merchant of any Personally Identifiable Information (PII) deemed compromised that is submitted by merchant to SellitSAFE.com . PII could be any of the following: first name, last name, middle name, mother's maiden name, address, email, phone, credit card number, CVV2 number, PIN number, bank account number, or social security number. SellitSAFE.com makes no guarantees, warranties, or assurances that it will find any of the customers/cardholder's PII, only that if it does, merchant will be notified. SELL IT SAFE, INC. has established and continues to maintain this Site to provide valuable information to subscribing merchants. The content of the Site cannot be used, posted, sold, transmitted, distributed, modified or transferred for public or commercial purposes, without the express written permission of SELL IT SAFE, INC.

8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. MERCHANT AGREES THAT ACCESS TO AND USE OF SELLITSAFE.COM AND THE CONTENT AND/OR INFORMATION AVAILABLE THROUGH SELLITSAFE.COM. IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SELLITSAFE.COM. AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF SELLITSAFE.COM FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SELLITSAFE.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SELLITSAFE.COM. PARTIES' LIABILITY WILL IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW

In addition, SELL IT SAFE, INC., its affiliates, agents, ADVISORS, and employees are not liable to any party for any special, consequential, direct, or indirect damages for any TRANSACTION between SUBSCRIBING MERCHANT AND THEIR customers AND IN NO EVENT WILL SELL IT SAFE, INC. , ITS EMPLOYEES, ITS AFFILIATES, ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON MERCHANTS' INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF SELL IT SAFE, INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These Legal Notices are subject to revision at any time by an update to this posting. Such revisions are binding upon any MERCHANT of this Site. As a result, all MERCHANTS should routinely visit this page to review the then current Legal Notices to which they are bound.
Any claim relating to the materials will be governed by the substantive laws of the State of California excluding its choice of law provisions.

9. General. This Agreement contains the final and entire agreement between SellitSAFE.com regarding your use of SellitSAFE.com and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of SellitSAFE.com . We may discontinue or change SellitSAFE.com or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California . The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

SELL IT SAFE, INC. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the computer equipment or other property of MERCHANT arising from or related to access to, use of, or browsing in the Site or the downloading of any materials, data, text, images, video, or audio from the Site by MERCHANT.

Although SELL IT SAFE, INC. attempts to include accurate and up-to-date information in the Site, SELL IT SAFE, INC. makes no warranties or representations as to its accuracy or timeliness. SELL IT SAFE, INC. assumes no liability or responsibility for any errors or omissions in the content of the Site. Information on this Site may contain technical inaccuracies or typographical errors. SELL IT SAFE, INC. may change or update information without notice. SELL IT SAFE, INC. may make improvements and/or changes in the products and/or the programs described in this Site at any time without notice.

10 TRADEMARKS. The trademarks, logos, and service marks (collectively the "Marks" or "Mark") appearing on this site are registered and unregistered Marks of SELL IT SAFE, INC., and SellitSAFE.com and others. The Site and the information contained therein in no way grant any license or right to use any Mark displayed on the Site. MERCHANT is strictly prohibited from using the Marks displayed on the Site or any other content on the Site, except as provided in these Legal Notices. SELL IT SAFE, INC., and SellitSAFE.com aggressively enforces its intellectual property rights.

The Site's content is copyrighted. Use of the Site's content is prohibited except as provided herein, without the written permission of SELL IT SAFE, INC., and SellitSAFE.com.

SELL IT SAFE, INC. and SellitSAFE.com Copyright © 2005 All rights reserved